Thread by @barandbench

#SupremeCourt to hear a plea against a Delhi HC adjournement order in a petition seeking suspension of #CentralVista construction work due to the ongoing #COVID19 pandemic. Plea says labourers working & construction activities will "wreck havoc on healthcare system"

The construction of the Rs 20,000 crore project in the heart of the national capital has been brought under the ambit of "essential services".

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#covid19
#lockdown
#SupremeCourt

Hearing to commence shortly
#SupremeCourt #CentralVista

Solicitor General Tushar Mehta appears for the Union

Justice Saran: let us have it after two or three more matters

#SupremeCourt #CentralVista

Senior Adv Siddharth Luthra: control room is not as kind to me as he is

Justice Saran: they are not unkind because you are at a higher place like Mussoorie etc

#SupremeCourt #CentralVista

Luthra: It's not an adversarial matter. It's not against the construction

SG: It is adversarial since the HC has decided to take time till May 17

#SupremeCourt #CentralVista

Luthra: when human lives are considered it cannot be adversarial. the positivity rate in Delhi for COVID has shot up from 3 percent to 30 percent if compared from last year. This report is from the high-powered committee. Deaths are too there

#SupremeCourt #CentralVista

Luthra: when we went to HC we said we are only on a 3.5 to 4 km stretch. Please a document of April 19 which is the DDMA order and now the health system has broken. from today morning I have come to know personally about 5 deaths

#SupremeCourt
#CentralVista

Justice Saran: You can make observations about deaths but we cannot as it can be misinterpreted.

Luthra reads the DDMA order: it says offices be remain closed apart from essential services. for the first time an exception was made where construction work except where labours are residing on site shall be closed

#SupremeCourt
#CentralVista

Luthra: we are only conerned with the rajpath and central vista stretch. there are 8 such stretches. we are only on these two. there is curfew in Delhi, so we cant go but labourers. shapoorji pallonji allowed to go ahead as deadline is Nov 30.

Luthra: SP group are also allowed to transport workers from sarai kale khan. Authorities thereby allowed them to operate in view of the exigency as per the government. labourers are coming to and fro from health camps. this is creating more pressure on healthcare system

Justice Saran: this is a matter High Court will look into. your grievance is that adjournment has been granted

Luthra: we went to HC and said we are in a position that matters will peak mid may and matter posted to mid may to peruse SC judgment

SC: ASG sought time till monday

Justice Saran: who was it

Luthra: it was ASG Chetan Sharma.. i am making a statement across the bar..

Justice Maheshwari: there is nothing to say an affidavit is required and we take it that happened in court, the high court is seized of the matter adjusting the date of hearing its for high court to decide

Luthra: we are faced with a peculiar situation. HC defers matter to 17th

Luthra: we are facing a humanitarian crisis. if the constructions is deferred till we cross the peak then nothing adverse will happen. we shut off IPL and mulling over lockdown. the virus is spreading...

Justice Saran: when you see us wearing masks inside office you know its serious

Luthra: May 17 is the peak period

Justice Saran: we can ask HC to hear this on Monday

SG Mehta: such a person coming to court in an SLP against an adjournment order raises doubt

Justice Saran: let us not go into that, we can ask HC to work on Monday

SG: Appeal against adjournment sets a wrong precedent.

SG: there appears to be some interested party

Luthra: petitioner studies arts...

Justice Saran: we are not getting into this. Do we say you are withdrawing?

Luthra: we leave it to you

Justice Maheshwari: We have not seen the order. we presume it's an order of adjournment. we have reservations in directing the HC to do anything.

Luthra: No order as on today..

Justice Saran: should we say you will request HC or we say so..

Luthra: you may request the HC to take it up on Monday..

Justice Saran: we don't want you to be in a difficult position. you can withdraw if you want..

ORDER

Justice Saran: we are of the opinion that since matter is pending before HC and is against an adjournment order we are not inclined to enter into merits of the case.

Justice Saran: we request the Shri Luthra to by himself or by any other counsel to request the Chief Justice of Delhi HC on Monday to take up the matter as early as possible as Mr Luthra says there is extreme urgency. we hope and trust the HC will pass an early hearing order

Justice Saran: We dispose it off

Luthra: Solicitor General said he will agree for a date, if you can mention that

SG: I said that trust me. I may not believe your client but not you Mr Luthra

Senior Adv Maninder Singh appears for SP group

Singh: you said HC shall, please use
'may"

Justice Saran: we will see to it

Justice Saran: it seems Mr Mehta and Mr Luthra are charged up about this case. its time for a late lunch

SG Mehta: that's because we know about the inside story of this litigation

Justice Saran: we don't want to know about it

Bench rises

#SupremeCourt

[BREAKING] Supreme Court declines to interfere with Central Vista redevelopment, asks Delhi High Court to consider granting early hearing

report by @DebayonRoy

#SupremeCourtofIndia #CentralVista
#DelhiHighCourt

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